Various
changes to the Creeks Ordinance (Berkeley Municipal Code 17.08 –
Preservation and Restoration of Natural Watercourses) including, but
not limited to: definitions, setback requirements from creek culverts,
setback requirements from open creeks, and rebuilding by right.

Zoning
Ordinance amendments to allow issuance of a Use Permit rather than a
Variance for certain development standards if needed to meet the
City’s Creek Ordinance setback requirements (BMC Chapter 23B.44 -
Variances) and to allow rebuilding of certain buildings by right after
a disaster, including fire, earthquake or flood (BMC Chapter 23C.04
-Conforming/Non-Conforming Uses).

Environmental Review
Status:

Creeks
Ordinance Amendments: Based on the Initial Study prepared for the
project, there is no substantial evidence that the project may cause a
significant effect on the environment.A Negative Declaration has been prepared for adoption by the
City Council.

Zoning
Ordinance Amendments:Staff
concluded the proposed changes would be exempt from the California
Environmental Quality Act pursuant to Guidelines Section 15061(b)(3)
because it can be seen with certainty that the proposed amendments
would not have a significant effect on the environment. Any proposed
discretionary project will require its own review pursuant to CEQA. No
new uses are proposed to be established or eliminated.

Further Information: The
Initial Study and proposed Negative Declaration are available for
public review at the Permit Service Center, 2120 Milvia Street, and
the Central Library, 2090 Kittredge Street. The documents and
additional background material are posted on line at: http://www.ci.berkeley.ca.us/planning/landuse/creeks/.Questions about the project should be directed to Wendy Cosin,
Deputy Planning Director at wcosin@ci.berkeley.ca.us
or (510) 981-7402.